How Judges Think

This book by Richard A. Posner offers a unique insight into how judges make decisions. Using his experience as an appellate court judge, Posner argues that judges rely on legal materials when dealing with routine cases. However, in more complex cases, judges are forced to rely on their own experience, emotions, and beliefs. They take on a legislative role, confined by constraints such as professional ethics and opinions of respected colleagues. Posner explains that most American judges are legal pragmatists, meaning they focus on the consequences of their decisions rather than prior logic. The Supreme Court specifically is seen as a political court with unique freedom from constraints.